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CHIEF MUTIU OLATERU & ORS v. OGUN STATE PROPERTY AND INVESTMENT CORPORATION

(2018) JELR 33565 (CA)

Court of Appeal  •  CA/IB/215/2014  •  21 May 2018  •  Nigeria

Coram
MONICA BOLNA'AN DONGBAN-MENSEM JCA; HARUNA SIMON TSAMMANI JCA; NONYEREM OKORONKWO JCA;

Judgement

NONYEREM OKORONKWO, J.C.A. (Delivering the Leading Judgment): This appeal arose from the ruling of the Ogun State High Court by Hon. Justice Olusanya given on 17th February, 2014.

In the ruling, consequent upon an application of the respondent herein that the trial Court lacked jurisdiction to entertain suit No. HCA/61/13 because the action was caught or affected by the doctrines of res judicata having been earlier adjudged in HCT/80/2000 and HCT/16/08, the trial Court in his ruling held that the plea of res judicata avails the defendant in the instant case and that because The Land the subject matter of the case forms part of the Land acquired by the Ogun State Government in 1977 (as the trial Court thought) the action was statute barred as the cause of action arose in 1977 while the writ of summons was filed in 2013. The action was struck out.

Dissatisfied with the ruling, the appellant by Notice of Appeal filed 26/2/14 filed this appeal upon four grounds of appeal thus:

GROUND ONE

The …

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